Ethics and Law, Population, health and research Flashcards
What is meant by implied consent
Most patients expect that some information will be shared with those who are directly involved in their care. Unless the patient specifically objects
When can information about a patient be shared without their consent [2]
if it is justified for the public interest (as detailed below)
or the patient lacks capacity
When is disclosure of information required by law [4]
Following an order made by a judge or presiding officer of a court.
In certain cases of communicable disease, when you must inform the local authority.
To prevent an act of terrorism.
To comply with a statutory request made by a regulatory body such as the GMC.
what injuries must be informed to the police at presentation
gunshot wounds and knife injuries (unless accidental or self harm)
given the risk to others
can personal information of gunshot/knife patients be given to police
no
What must a doctor do when something has gone wrong [4]
Tell the patient when something has gone wrong
Apologise to the patient (or carer or family member where appropriate)
Offer an appropriate resolution
Explain the potential short and long-term effects of the error
saying sorry is an admission of legal liability
true or false?
false
3 frameworks used when someone who lacks capacity refuses treatment
common law: used to treat patients in emergency scenarios
Mental Capacity Act: (MCA) used in patients who require treatment for physical disorders that affect brain function. Remember this may be delirium secondary to sepsis or a primary brain disorder such as dementia
Mental Health Act (MHA): used in patients who require treatment for mental disorders. For patients already admitted to hospital, a section 5(2) is used if there is not the time for a more formal section 2 or 3. A typical scenario would be a patient who has a mental health disorder attempting to discharge themselves, when it is thought this may result in harm
deaths within how many hours of admission are referred to the coroner
24 hours
which deaths are notifiable to the coroner
unexpected or sudden deaths
when the doctor attending the deceased did not see them within 28 days before death
this was increased from 14 days during the COVID pandemic
if a death occurs within 24 hours of hospital admission
accidents and injuries
suicide
industrial injury or disease (e.g. asbestosis)
deaths occurring as a result of ill treatment, starvation or neglect
the death occurred during an operation or before recovery from the effect of an anaesthetic
poisoning, including taking illicit drugs
stillbirths - if there is doubt as to whether the child was born alive
prisoner or people in police custody
service disability pensioners
When is an advanced care directive not legally binding
if the patient is under 18
patient was not sound of mind
what is an advanced directive
defined as a document written at a time when a person is of sound mind, of that individual’s preferences with respect to medical treatment, should they later become unable to express those wishes directly.
When are advanced care directive not legally binding
The decision has been subsequently withdrawn
Power to make such decisions has been conferred to another person by creating a Lasting Power of Attorney
Since making the will the patient has acted in a way that is clearly inconsistent with the advance decision remaining their fixed decision
The person is not incapacitated and can decide for themselves
The treatment in question is not that specified in the advance decision
Any of the circumstances specified in the advance decision do not exist
There ‘are reasonable grounds for believing that circumstances exist which the person did not anticipate at the time of the advance decision and which would have affected his decision at the time of the advance decision.’
LPA or written advance decision: who has more precedence
LPA
which offences do not have to be reported to the GMC
a) A fixed penalty notice for disorder unless it is specified in paragraph 4
b) payment of a fixed penalty notice for a road traffic offence,
c) Payment of a fixed penalty notice issued by local authorities (for example, for offences such as dog fouling or noise)’